tdr no 052- 2 yr coal handling -open auction - ninl

Tender No. 052, Date: 09.07.2018, of 25 SIGNATURE OF THE TENDERER

TDR No. NINL/CC/18-19/CO/TDR-052 Date: 09.07.2018

OPEN TENDER

M/s. _________________________ _____________________________ Sub: INVITATION TO TENDER (ITT) FOR 2 (TWO) YR JOB CONTRACT FOR

STACKING AND RECLAIMING OF COAL INSIDE NINL PREMISES.

Dear Sir,

Please find herewith a set of tender document for the subject work consisting of following:

1 General Instructions to Tenders - Annexure – I 2 BOQ - Annexure - II 3 Eligibility Criteria - Annexure - III 4 Scope of Work - Annexure - IV 5 General Conditions of Contract (GCC) - Annexure – V 6 Special Conditions of Contract (SCC) - Annexure – VI 7 Declaration to be submitted by the contractors - Annexure – VII 8 Declaration to be submitted by the tenderer - Annexure – VIII

for Reverse Auction

You are requested to submit your completed tender so as to reach the undersigned at the following Address:

Sr.Manager (WCC) Neelachal Ispat Nigam Limited, Kalinga Nagar Industrial Complex, At/PO: Duburi, Dist: JAJPUR, Odisha, PIN - 755 026. Ph. No.- 06726-264068 E-mail: [email protected]

Please acknowledge receipt of the tender documents.

Thanking you,

Yours faithfully, For Neelachal Ispat Nigam Limited (S. Mohanty) Sr.Manager (WCC)


Annexure - I GENERAL INSTRUCTIONS TO TENDERERS

(TWO PART BID)

1. Tender No. & Date NINL/CC/18-19/CO/TDR-052, Date:09.07.2018

2. Name of Work 2(Two) year job contract for Stacking and Reclaiming of Coal from Coal Storage yard etc. and Cleaning of Coal Wagons in Wagon Tippling Area of NINL.

3. Completion Period 2 (Two) years.

4. Last date & time of issue of Tender documents

Tender documents (hard copy) can be obtained from the Works Contract Cell, NINL by submitting the required tender fee up to 28.07.2018 at 16.00 Hrs. (4.00PM). It can also be downloaded from Website - www.ninl.in.

5. Last date & time of closing & receipt of tender

30.07.2018 at 15.00 Hrs.(3.00PM)

6. Date, Time and Place of Opening the Tender (Techno-commercial Bids)

30.07.2018 at 15.00 Hrs. (3.00PM) at Works Contract Cell, NINL, Kalinga Nagar Industrial Complex, At-Duburi, Dist-JAJPUR, Odisha.

7. Validity of Tender The validity of the tender must be for a period of 60 (sixty) days from the due date of opening of tender

8. Earnest Money Deposit (EMD) particulars

Rs 1,00,000Rs 1,00,000Rs 1,00,000Rs 1,00,000/- (Rupees one lakh only) shall be submitted in the form of Demand Draft (DD) / Banker’s Cheque from any scheduled commercial bank except Co-operative & Gramin Banks in favour of “Neelachal Ispat Nigam Limited” payable at Duburi / JAJPUR Road / Bhubaneswar having validity of minimum period of two months from the date of opening of Tender (Techno-commercial Bids).

9 Tender Fee Rs1,000/-(Rupees one thousand only) inclusive of GST

shall be submitted in the form of Demand Draft (DD) / Banker’s Cheque from any scheduled commercial bank except Co-operative & Gramin Banks in favour of “Neelachal Ispat Nigam Limited” payable at Duburi / JAJPUR Road / Bhubaneswar having validity of minimum period of two months from the Tender (Techno-commercial Bids) opening date.

Offer shall be prepared and submitted in 2 (two) separate sealed envelopes which shall be super scribed as stated under: (Note: These two parts shall be kept in one envelope duly sealed super scribing “Name of the tenderer, Tender no & Opening date”.) PART-I (Techno- Commercial Bid) : Envelope – 1 super scribed as PART-I (Techno- Commercial Bid) with Name of the work written on the envelope, Tender No., shall contain (a) tender fee (in case the tender is downloaded from the website), (b) EMD and (c) Un-priced Techno-commercial Bid along with details of experience with supporting documents (to satisfy eligibility criteria) and terms and conditions duly signed by authorized signatory with attested copies of authorization.

Govt. Departments, Public Sector Units, SSI Units (only permanently registered) etc. are exempted from submitting EMD and tender fee. SSI Units who request for exemption from submission of EMD shall submit a notarized copy of their permanent registration in a separate sealed cover stapled or attached with their sealed tender. Only such SSI units registered for the same Trade / Item for which the tender is relevant will be exempted from submission of EMD.


The EMD of unsuccessful tenderers shall be returned within 30 days from the date of opening of price bid or placement of work order in favor of successful tenderer or signing of job contract, whichever is earlier. If the successful tenderer fails to do the job, their EMD will be forfeited and NINL reserves the right to do the job at his risk and cost by alternative arrangement. It shall also contain valid contractor's license, financial status, Service Tax details and Income Tax Return, PF & ESI particulars etc. registration certificates with NINL/SAIL, other Govt. Departments as well as with Public Sector and reputed Private Sector organizations.

PART-II (Price Bid) : Envelope – 2 super-scribed as PART-II (Price Bid), Name of the Work, Tender No. and shall contain Price Bid part of the Tender Document as per Annexure - II. The above two sealed envelops shall be kept in one envelope duly sealed super scribing “Name of the party, Tender no & Opening date”.

However, techno commercially acceptable tenderers will be required to participate in on-line reverse auction over Internet on-line for price bidding and evaluation at M/s M-Junction Services Limited. The tenderers have to confirm their last bid price in by fax to the Service Provider i.e M/s Mjunction Services Ltd immediately, on the same day, on closure of Reverse Auction event. The schedule & details of the Reverse Auction event shall be communicated by the Service Provider (M/s Mjunction Services Ltd) to the Techno-commercially acceptable tenderers only.

The Tenderer must sign the declaration in Annexure- VII, VIII.

The price part of the tender shall also remain valid initially for two months (60 days) from the due date tender opening. Any suo-moto reduction offered by tenderer(s) after price reverse auction/ opening of price bids shall not be entertained for the purpose of evaluation and ranking for placement of order. In case the tenderer backs out at any stage of tendering process, the EMD shall be forfeited. NINL shall not be responsible for postal delay or any other delay whatsoever. The Tender received after due date and time of submission of tender shall be rejected. The contractor has to sign with date in each page of Tender Documents as a token of acceptance to the Terms & Condition of Tender If the date of receipt and opening of the bids happens to be a holiday, then the process of receipt and opening of the bids may be shifted to the next working day. The price bid shall be opened in the presence of the tenderers who may be present. The time date and venue for opening of the priced bids shall be intimated to the techno-commercially accepted tenderers. Please note that any deviation, in-complete, late tender, without proper supporting documents and EMD or not complying with the provisions of the invitations to tender shall be rejected without notice.

N.B. 1. The Part – I (Envelope-1) shall be opened initially and only on satisfying the eligibility criteria, EMD; techno-commercially accepted parties are to participate in reverse auction on-line. After this, if required, the Part – II (Envelope – 2) containing Price Bid shall be opened.

2. The tenderer shall mention the offered rates in words also. However in case of any discrepancy, the rates mentioned in words shall supersede the figures.

3. All the Labour related payments i.e. PF, ESI, Bonus etc. and any other statutory payments including taxes and duties shall be borne by the agency except service tax and the tenderer are requested to quote accordingly.

NINL reserves the right of rejecting any or all tenders in whole or part, increase or decrease the quantity without assigning any reason thereof and can impose such other conditions as deemed proper at any stage before finalization of tender.


Order on one or more than one parties will be placed on the basis of L-1 quotation and, if required, negotiations will be held with L-1 tenderer only. However, all the tenderer may be required to explain / justify the basis of their quoted price as and when asked for. In case, any tenderer fails to justify his quoted price or refuses to co-operate in this regard, tender committee may take a decision not to consider for next tender.

The Contract shall be treated as effective from the date of issue of the Letter of Acceptance/Work Order to the successful Tenderer, unless otherwise specified.

Total Amount quoted shall be inclusive of all Taxes, Levies, Duties, Royalties, Overheads and the like but excluding GST prevailing as on the date of submission of Bids.

NINL reserves the right to accept or reject the lowest or any other Tender without assigning any reason.

DEFAULT BY TENDERERS: The Successful Tenderer may be debarred at the discretion of the Company, from issue of further Tender Documents, Work Orders etc., for a specified period to be decided by the Employer in case of: “Undue delay in starting and execution of work awarded, poor performance, backing out from the Tender, non accepting Work Order/LOA during the validity of Tender or non-observance of Safety Rules and Regulations, misappropriation of Company’s materials/property, non- payment of due wages to labour or such similar defaults”.

Tenderer quoting unworkable rates, will be asked to justify the rates quoted and will have to give guarantee for timely execution of the job at the quoted rates. EMD of the tenderers who refuse to give guarantee will be forfeited and will not be considered in re-tendering.

Successful Tenderer should be in a position to produce the Original Certificates in support of the attested copies of relevant documents enclosed along with techno-commercial documents or afterwards, after opening of the Price Bids.

Failure to produce the original documents on requirement for verification in support of the attested copies of PF Regn / Experience, any other documents etc., submitted in the tender would result in disqualification and forfeiture of EMD and also liable for debarring from participation in NINL Tenders.

Before quoting, the tenderer must visit NINL premises and shall necessarily contact the “Engineer” and fully understand the job, scope of work, unit of measurement, mode of measurement, scope of supply of materials by NINL if any, working conditions, shutdown arrangement, labour deployment requirements, risk contingencies and such other factors which may affect their tender. In case of any dispute, the decision of MD, NINL or an independent Arbitrator appointed by him will be treated as final and binding on the contractors / bidders. The contract is governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts in Bhubaneswar.

Thanking you,

Yours faithfully, For Neelachal Ispat Nigam Limited.

(S.K. Tadiboyina) Dy.Manager (WCC)


Annexure - II

BOQ Sl.

No.

Job Description Unit Qty. Rate

(Rs)

Amount

(Rs)

A

1 Stacking of coal in coal storage yard

inside NINL premises

MT 639000

2 Reclaiming of coal from coal storage

yard inside NINL premises

MT 1278000

3 Cleaning of tippled Coal Wagons No. of

Wagons

25758

4 Unloading and Cleaning of Untippled /

Sick Coal Wagon

No. of

Wagons

100

B

1 Deplyment of Dumper/tipper on hourly

basis (10 CUM Capacity)

Hrs 140

2 Deplyment of Pay Loader on hourly

basis (3-3.5 CUM Capacity)

Hrs 220

Grand Total (A+B)

Sub Total (A)

Regular Items

Optional Items

Sub Total (B)

TOTAL IN WORDS (Rupees _______________________________________________________ only)

Note:

1. Total Amount quoted shall be inclusive of all Taxes, Levies, Duties, Royalties, Overheads and the like but excluding GST prevailing as on the date of submission of Bids.

2. Quantities shown above are indicative only. Payment will be made as per actual work done. Billing may vary depending upon plant requirement. No idle charges will be paid.

3. NINL may require utilization of deployed equipments of contractor for loading / shifting jobs other that specified in this contact, depending on exigency. Party has to quote hourly deployment rates as per Price format.


ANNEXURE-III

ELIGIBILITY CRITERIA:

Contractors has to comply the Eligibility Criteria (A) Technical Eligibility Criteria The Party should have the following experience

• Similar job, Stacking & Reclaiming, at reputed PSU’s & Public / Pvt Ltd

• Party must possess (or having lease of) handling equipments in sufficient numbers, as required in tender. The equipments age must not be more than 5 years on Date of NIT and must be in working condition. The Documentary support of ownership (Self owned / Lease agreement) is required to be submitted for the entire period of the contract.

(B) Financial Criteria

The financial turnover in any of the last three financial years ending on 31st March of previous year should be at least Rs 1.70 Cr.

(C) Experience Criteria Experience of having successfully completed similar orders during any one of the last five years ending last day of the month previous to the one in which tenders are invited should be either of the following: Three similar completed orders each having not less than the amount equal to Rs 73.0 lakhs

OR Two similar completed orders each having not less than the amount equal to Rs 97.70 Lakhs

OR One similar completed orders each having not less than the amount equal to Rs 1.46 Cr. The party has to submit Completion Certificates (Issued by Competent Authority) of relevant Work orders (if completed) and supporting documents for ongoing Work order clearly indicating Type of Work and Order completion Value (till 31.06.2018) with the offer. Definition of ” similar work” : Work executed by the contractor for handling, stacking, re-claiming & unloading of material, such as Coal, Coke, Slag, Cement etc., from rail wagons, road trucks, yards etc


ANNEXURE –IV

NATURE AND SCOPE OF WORK

Sub : Job Contract for Stacking and Reclaiming of Coal from Coal Storage yard etc. and Cleaning of Coal Wagons in Wagon Tippling Area.

The scope of work comprises arranging required no. of machines & manpower for a) Stacking of coal falling from the traveling tipper (of CC-6 Conveyor) provided in the yard

and to retrieve coal segregated in pockets along the conveyor line and overflow from coal storage yard.

b) Reclaiming the same from the heaps (along with Spans below CC-6) and feed into ground coal Hooper provided in the storage yard.

(A) Description of plant facilities (Line diagram enclosed): Neelachal Ispat Nigam Ltd. (NINL) has a coke oven complex at Duburi in the state of Orissa. The complex consists of one 7 m tall coke oven battery of 67 ovens. Presently the coal storage Yard has a capacity to store nearly 1.5 lakh tones. The coking coal unloaded from the wagons is carried to the coal storage yard area by a conveyor stream comprising belt feeder BF 1 & 2, and conveyor CC-1 to CC-6. Conveyor No. CC- 5 will feed to the yard conveyor No. CC -6. The yard Conveyor No. CC-6 mounted on a structural gallery having an elevation of 9.4 meters. The yard conveyor CC-6 has been provided with one traveling tipper to unload the incoming coking coal from the yard conveyor CC-6 on the ground. The traveling tripper has been provided to cater to the two parts of the yard. As coking coal will arrive from different sources having different properties, they will be stacked in different heaps. For this purpose certain areas shall be allocated in the yard to stock different coals suitably and properly. The unloading stream capacity is 750 TPH. By-pass arrangement of the coal storage yard has also been provided by way of conveyor CC-16, which will be also fed by conveyor CC-4 of the conveyor steam from wagon tippler. This conveyor will carry the unloaded coal directly to the blending bunkers, by-passing the entire coal stacking and reclaiming system. For reclaiming of coal 2 Nos. of over ground hoppers in set of 2 chutes each, along with RCC ramps have been provided. Each hopper is fitted with a 200 TPH vibro-feeder, which will discharge reclaiming coal on collecting conveyor CC-6A & CC-6B running on ground level. These conveyors shall feed to the conveyor stream comprising conveyors CC-7 to CC-9 and finally feed to a set of blending bunkers. The reclaiming stream capacity is 600 TPH. (B) Stacking & Reclaiming. 1.1 Stacking:

1. Coking coal (predominantly imported) will arrive from different sources having different properties. The pattern of coal arrival will be totally non-uniform depending on ship arrival at the port and then railway rake arrival in the plant. On arrival of rake in the plant, it will be quickly unloaded to avoid demurrage charges to railways, the wagons are also to be cleaned in stipulated time fixed by railways. The blend composition may undergo change from time to time depending on availability of coal to be purchased from outside sources and various components to be separately stacked and reclamation may also vary accordingly. Depending upon the blend composition, certain area shall be earmarked for each group of coking cool, Coals coming from different sources and different ranks shall be stored in their respective groups. The traveling tipper shall be positioned accordingly. This part of the activities shall be controlled by NINL operators. The contractor shall make the coal heaps as per NINL’s instruction. The size and moisture content of the imported coal will be as follows: Size: (-) 50mm Moisture content: 7-11%


1.2. Reclaiming.

The stacked coking coals shall be reclaimed group wise. I.e. at a time only one heap shall be reclaimed, Instruction for which heap to be reclaimed and how many tones of coal to be reclaimed from each heap will come from NINL’s site-in-charge. Coal after reclaiming will be discharged in one of the over ground hopper provided for this purpose.

1.3. Quantities: Average daily requirement of coal is about 2500 to 3000 tons. However, there may be wide variations in stacking & reclaiming of coal depending on situation. Following quantities of coal shall be considered for estimate purpose. Unloading: Upto 7000 MT / day max. Reclaiming: Upto 3600 MT /day max. Annual requirement of coking coal is about 9.5 Lakhs t / year. Out of which nearly 7.5 lakhs tones will be reclaimed after direct feeding.

1.4. Stacking: During stacking the contractor shall spread the incoming coal in the yard and form the coal heap as per the area earmarked after shifting from span 1-6 & 13-16. It will be contractor’s responsibility to prevent mixing of the different Coal brands.

2.1 Reclaiming: The contractor shall reclaim the coal from the specified coal heap (also from the Span below CC-6) required and transport and discharge the same into the nearest over ground hopper for onward conveying and storage in blending bunkers.

(C) Cleaning of Coal Wagons, in Wagon Tippler Area. Description of work: The scope of work shall be job contract for cleaning of coal wagons in wagon tippling area of coke oven complex, inside NINL premises. Imported coking coal unloaded at various ports is brought to the plant site through railway rakes. Coal wagons are tippled by wagon tippler. After tippling, some amount of coal sticks to wagon; quantity varies with moisture contents and increases during rainy season. The same has to be removed manually. Job involves mobilization of required manpower and equipments for cleaning of coal wagons in coke oven complex. The railway wagons are to be cleaned before these are handed over to the railway. The job involves opening the wagon doors and closing the doors perfectly after cleaning it manually. The job has to be done in wagon tippler area and post tippling line. The work shall be considered to complete only after inspection of wagons by the traffic/ railways. Whenever the sick wagons are not able to be tippled by the wagon tippler, Coal has to be unloaded and cleaned manually within 02 (Two) hours of placement of sick wagons in unloading area. Coal thus unloaded has to be subsequently restacked in area designated by Coke Oven Officials. (D) General:

a. The contractor shall deploy adequate nos. of Dumpers, Pay loaders, Tractor Trolley, and Hand Cart etc. for execution of work. Also adequate no. of Skilled / Unskilled manpower including supervisory staff will be deployed by the contractor. During rainy season more no. of unskilled manpower will be required for cleaning wagons.

b. Actual Coal handled will be calculated on the basis of PPC report of each month, prepared by NINL PPC dept. ( See Other Terms & Conditions)

c. The contractor shall maintain close liaison / co-ordination with traffic deptt. & Railways for smooth and timely execution of the job. The contractor has to deploy staff and labors round the clock for three shifts working (A, B & C shifts) and work in close co-ordination with NINL authorities and follow all their instructions.


d. All cost towards diesel, lubricant and spares shall be borne by the contractor. e. The Contractor shall also develop infrastructural facilities required for execution of

the job e.g. storage of consumables, spares and fuel, maintenance workshop, office and workers rest shed etc. Contractor shall also arrange mobile communication facility within the coal storage yard with control room of coal handling plant for effective co-ordination with NINL.

(E) Other Terms and Conditions

1. Deployment of Manpower and Equipments: The job is to be carried out on 24 hours basis right from day one (i.e. three shifts, all days of calendar year). Hence the following minimum manpower and equipments are envisaged to be deployed in each shift and also same is to be informed to CHP In-charge in writing. A) Manpower: Shift supervisor, foreman, operator and unskilled workers for each

equipment. B) Handling equipments:

Pay Loaders: 2.5 – 3.5 cum Bucket capacity = 1 no. 4.5 – 5.5 cum Bucket capacity = 1 no. Dumper / Tipper 10 to 16 cum capacity = 3 nos. Back Loader & Retriever (like JCB) = 1 no. (to retrieve the coal from coal yard which

was compressed due to movement of mobile equipments in Coal Yard) Party is required to submit documents in support of possession of equipments and valid license against worthiness of use. The Agency must have skilled Supervisors and Machine Operators in their payroll. The Documentary evidence is to be produced to establish the claim. And also the deployed workmen should understand the Industrial terminology and able to operate a walkie talkie (in case of emergency). The workmen must have worked in material handling system and know the Basics Conveyor Operation & Safety

2. Fuel, Lubricants, other consumables, tools & tackles, spares etc. required for execution of work is in party’s scope.

3. The contractor has to ensure that the above equipments are kept in operating condition

all the time. Contractor has to mobilize, at no additional cost, any other equipment & manpower (if required) depending on the exigency of work.

4. In case of failure of equipments which is turn affect the execution of work, the contractor shall make immediate alternative arrangement at their cost. If any exigency arises due to failure of contractor to make alternate arrangement, NINL will deploy their own equipment for stacking, reclaiming etc. at party’s risk & cost. Details of such work will be recorded separately and to be certified jointly by representative of contractor and NINL. Such cases will be considered as risk and cost deployment.

5. Demurrage: Wagons are to be cleaned and handed over to railways in specified time. In case of delay, NINL has to pay demurrage charges to railway authorities, which when attributable to contractor, shall be recovered from their bills.

6. Tonnage calculation for stacking and reclaiming for a period. : The Quantity calculation is based on Standard Charging of 31.6 MT Dry Coal (and 9% Average Moisture) in each oven, however Actual Coal handled will be calculated on the basis of PPC report of each month, prepared by NINL PPC dept.

Coal Quantity Received (as per NINL Traffic Weigh Bridge) = QCR Coal Quantity directly fed to Blending Bunkers = QBB

Coal Qty directly reclaimed from the Span No 6-13 of CC-6 = QDR Wet Coal Charged (as per PPC Report) = QWC


Coal Quantity Stacked (QS) = QCR - ( QBB + QDR ) Coal Quantity Reclaimed (QR) = QWC – QBB

*On volumetric basis based on test weight of equipment certified jointly.

7. Penalty 1. If minimum manpower and equipments are not kept at site the following penalty will be

imposed on the contractor Pay Loader: (1.5 times of the Hourly WO rate)* (no of hours) Dumper: (1.5 times of the Hourly WO rate)* (no of hours) No of Hours will be certified by the CHP I/c as per the Shift In-charge report.

2. If due to any reason contractor fails to Shift / Stack/ Reclaim the suggested quantity, Penalty of 1.5 times the Tonnage rate as per Work Order will be imposed on contractor (for per ton basis).

8. Rate for Optional Items:

NINL may require utilization of deployed equipments of contractor for loading / shifting jobs other than specified in this contact, depending on exigency. Party has to quote hourly deployment rates as per Price format enclosed.

9. NINL Management reserves right to extend the contract for further period of one year, at the same rate, terms & conditions if performance of the contractor is found satisfactory.


ANNEXURE-V

GENERAL CONDITIONS OF CONTRACT (GCC)

SCHEDULE – I

1.1.0 DEFINITION

The following words and expressions as used hereinafter/defined, shall have the meaning hereof assigned to them except where the contract otherwise requires:

1.1.1 ‘NINL’ shall mean Neelachal Ispat Nigam Limited and its different functionaries entrusted with the responsibilities in relation to the contract in respect of the area of responsibilities of such functionaries.

1.1.2 “Contractor” shall mean the Tenderer whose tender has been accepted by the Company (NINL) and on whom the contract /work order is placed by NINL and shall include his heirs, legal representatives, successors and permitted assignees.

1.1.3 “Contract” shall mean and include the contract/Work order between NINL and the contractor duly signed by the parties thereto, for the execution of the works together with all documents annexed/attached therewith.

SCHEDULE – 2

2.1.0 SCOPE OF WORK :

2.1.1 The work shall be executed strictly in accordance with the specifications, Bill of items/ quantities/ rates/sketches/drawings and written and oral instruction (to be subsequently confirmed in writing) of NINL

2.1.2 In the event of any discrepancy between drawings and specifications, drawings will supersede the specifications. Description of relevant items of the schedule of quantities and rates will supersede the drawings, specifications and any other details.

2.2.0 FACILITIES TO BE PROVIDED BY NINL

2.2.1 Required free issue materials if any will be supplied free of cost by NINL at NINL’s store within the plant premises. However the transportation of the same shall be arranged by agency at their cost.

2.2.2 No specific arrangement shall be made by NINL for supply of electricity for this work. However, contractor can tap electricity from any nearby available supply source with due permission of NINL.

2.2.3 No specific arrangement shall be made by NINL for supply of water for this work. However, contractor can tap water from any nearby available supply source with due permission of NINL.

2.2.4 Only layout / design drawings as applicable shall be issued by NINL. Contractor shall develop total working drawings as applicable for execution of the contract.

2.3.0 OBLIGATION OF THE CONTRACTOR:

2.3.1 The contractor will supply all materials except free issue material required if any for execution of this work.

2.3.2 The contractor shall make arrangements for all the equipments, machineries, batching/mixing plants, welding machines, gas cutting sets, and all other tools and tackles, cranes etc. required for satisfactory completion of the work.

2.3.3 The contractor shall prepare material indents, working drawings, as built drawings etc as per NINL’s requirements.

2.3.4 The contractor shall make own arrangements for transportation of free issue materials from NINL’s store to the place of work.


2.3.5 The contractor shall be fully responsible for custody of all free issue materials & shall use the materials economically, return the excess /scrap materials at NINL’s store & maintain stock register for the same.

2.3.6 The contractor shall depute experienced personnel for supervising the work.

2.3.7 The contractor shall take utmost care in protecting / safe-guarding the existing facilities of NINL.

2.3.8 The contractor shall follow all the statutory obligations and safety rules as applicable. A certificate regarding compliance of safety rules to be forwarded by the contractor along with RA bills.

2.3.9 The contractor shall defend / indemnity / keep NINL harmless of /from all claims of liabilities caused due to negligence of contractor during work.

2.3.10 The executing agency shall make necessary arrangements to test the materials & submit the test reports to NINL, as per NINL’s requirements without any extra cost to NINL.

2.3.11 The contractor shall execute the work strictly as per specification, drawings, IS CODES, other standards issued by NINL.

2.3.12 The contractor shall make own arrangements for approach roads / access etc. to the fabrication / erection sites.

2.3.13 The contractor shall handover the site in a neat and tidy condition as acceptable to NINL.

2.4.0 TECHNICAL SPECIFICATION:

2.4.1 Technical specification for this works prepared by NINL shall be followed and binding by the contractor.

2.4.2 Executing agency shall carry out all the works strictly as per the specification & instruction of the site Engineer.

SCHEDULE – 3

3.0 CONTRACT PRICE

3.1 BASIS OF CONTRACT PRICE

The contract price to be paid in consideration of the work and services to be executed/made/performed by the CONTRACTOR as per Bill of quantities and in accordance with all terms, conditions, stipulations, specifications and any other obligations to be met by the CONTRACTOR under the Contract will be arrived at based on the estimated quantities and rate as stated in Bill of Quantities and rates of this contract.

3.2 FIRM RATES

Unit rate of all the items shall remain firm, fixed and binding on the CONTRACTOR till the completion of entire scope of work and shall not be subjected to any variation except for the statutory variations in the taxes and duties as specified in schedules. Unit rates shall also remain firm irrespective of any variation in quantities stated therein.

Quantity variation in particular item of BOQ shall be allowed upto +/-5% with firm rate as above. However, total contract price shall be remain same.

3.3 RATES FOR EXTRA ITEMS

Should it be found necessary to execute any item of work which is not included in the schedule of items and as such no contract rate is available, the rates for such items of work shall be fixed as per the following procedure.

i) Where the extra works are of similar nature as to any item of work appearing in “Bill of Quantities and Rates” then the rates for such extra items shall be derived from contract rates of similar / closest item of work.


ii) Where the nature of extra item is such that the rate for the same cannot be derived as per (i) above, then the rates for extra item of work shall be derived by rate analysis based on the market rates.

iii) Where rates for extra item of work can not be established by methods (i) or (ii) above, then the rate for such item shall be estimated and fixed by the ENGINEER based on the market rates & assessment for labour, materials & other factors.

SCHEDULE – 4

4.0 TIME SCHEDULE

4.1 TIME SCHEDULE / COMPLETION MILESTONE

4.1.1. The work shall be completed in all respects and handed over to NINL according to the stipulated time schedule.

4.2. EXTENSION OF TIME

4.2.1. The CONTRACTOR shall not be allowed any extension, of time for completion except in the following cases :

i) Force majeure – As per details stated in the clause 6.2.

ii) Major changes or substantial addition to work ordered by NINL adversely affecting the completion time.

iii) Any other circumstance of kind whatsoever which may occur making the CONTRACTOR entitled to an extension of time which, however, shall be in the absolute discretion of NINL.

4.2.2. The CONTRACTOR upon happening of any such event as stated above shall immediately give notice but nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of NINL to proceed with the work.

4.2.3. Request for extension of time shall be submitted by the CONTRACTOR in writing and NINL, based on the merit, shall consider the request and convey his decision to the CONTRACTOR in writing within a reasonable time.

4.2.4. The CONTRACTOR shall not be eligible for any extension of time on account of any delay in procurement of materials/equipments stipulated in scope of the contractor

4.2 COMPLETION.

The work shall be deemed to be completed when upon notice by the CONTRACTOR, NINL has inspected the works and satisfied himself that the works have been fully completed in accordance with the contract and necessary completion certificate have been issued to the CONTRACTOR subject to the provision made in clause 6.4.

4.2 PART OCCUPATION

NINL shall have the right to take possession of or use any completed or partially completed part of the work at any time. Such possession or use shall not be deemed to be completion or acceptance of any work not done in accordance with the contract subject to the provision made in clause 6.4.

SCHEDULE – 5

5.0 TAXES AND DUTIES

All taxes including Work Contract tax, duties, levies, fees or other charges legally leviable on the CONTRACTOR in connection with the contract shall be borne and paid by the CONTRACTOR.

5.1 NINL shall bear no liability in respect of any taxes, duties and levies, whatsoever.

5.2 INCOME TAX / Works contract Tax (sales tax) which NINL may be required to deduct by law/statute, shall be deducted at source and shall be paid to the Income Tax / Sales Tax /


Statutory authorities on account of the contractor. NINL shall provide the contractor a certificate for such deduction and deposit thereof.

5.3 ROYALTIES

Royalties for construction materials wherever applicable may be deducted by NINL from Contractor’s bills for depositing with the concerned State Government authorities unless receipt in support of payment made to the concerned state Government authorities is provided by the CONTRACTOR.

5.4 The contractor shall produce necessary documentary evidence as may be called for by NINL in respect of the taxes, duties and levies paid by the CONTRACTOR.

SCHEDULE – 6

6.0 OTHER TERMS AND CONDITIONS OF CONTRACT

6.1 TERMINATION AND SUSPENSION AND FORECLOSURE

6.1.1 NINL may at any time on breach of this Contract by the CONTRACTOR give him, a written notice of such breach. If the CONTRACTOR does not remedy this breach within a period of 7 days after receiving the notice, then NINL may terminate the contract at any time thereafter. The CONTRACTOR shall be liable to refund any money which he is obliged to do so under the Contract.

6.1.2 The CONTRACTOR shall stop the performance of the Contract from the effective date of termination and hand over all the drawings, documents, plant, equipments, supplied materials etc. including transfer of all the rights of work to NINL. No consequential damages shall be payable by NINL to the CONTRACTOR in the event of termination.

6.1.3 NINL may suspend the work in whole or in part at any time by giving CONTRACTOR a notice in writing of such effect stating the nature, the date and the anticipated duration of such suspension.

6.1.4 On receiving the notice of suspension as per Clause 6.1.3 from NINL, the contractor will suspend the work desired to be suspended, with immediate effect. The CONTRACTOR shall

continue to perform other work in terms of the Contract, which NINL has not suspended. CONTRACTOR shall protect and secure the suspended work as considered necessary in the opinion of the ENGINEER.

6.1.5 NINL may at any time cancel the suspension notice for all or any of suspended work by giving written notice to the CONTRACTOR specifying the part of work to be resumed and the effective date of withdrawal of suspension. The CONTRACTOR shall resume the suspended work as expeditiously as possible after receipt of such notice of suspension-withdrawal.

6.1.6 In the event of suspension of work, NINL will not be liable to pay to the CONTRACTOR for any damage or loss for idle labour caused by such period of suspension of work. NINL shall not be liable to Contractor for any payment towards watch and ward and other expenditures.

6.1.7 The contract shall be terminated if due to any unforeseen circumstances which may lead to the foreclosure of the works for reasons such as resource crunch, non-availability of funds, and for other administrative reasons etc.

6.1.8 Contractor will be compensated only for the quantum of work/services he has rendered till effective date of foreclosure. Any other claims like compensation for loss in profit, compensation for loss of reputation etc. or any other consequential damages claimed by the Contractor will not be given by NINL.

6.2 FORCE MAJEURE

6.2.1. Time being essence of the contract, if at any time during the continuance of the Contract, the performance in whole or in part by either party, or any obligations under the contract shall be prevented or delayed by reason of any war, hostilities, acts of public, enemy, civil commotion, sabotages, fire, floods, explosions, epidemics, quarantine restrictions, or other Acts of God, strikes and legal lockouts (hereinafter referred to as “Eventualities”) then provided notice to the happening of any such eventualities is given by either party to the other within 15 days from the date of occurrence thereof, neither party shall by reason of such eventualities be


entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such performance or delay in performance and deliveries under this contract shall be resumed as soon as practicable after such eventualities has come to an end or ceased to exist and the decision of NINL as to whether the deliveries / services have been so resumed shall be final and conclusive.

6.2.2. Should one or both the parties be prevented from fulfilling their contractual obligations by a state of force majeure lasting continuously for a period of at least three months, the two parties should consult each other provided always that if no mutually satisfactory arrangement is arrived at within a period of a month, from the expiry of three months referred above, the above mentioned expiry of the contract will imply that both the parties have obligation to reach an agreement regarding the winding up and final settlement of the Contract.

6.3 ARBITRATION

6.3.1 All disputes or differences, whatsoever, arising between the parties out of or in relation to the construction, meaning and operation or effect of this contract or breach thereof shall be settled amicably. If, however, the parties are not able to resolve them amicably, MD, NINL shall have exclusive right to appoint / nominate a Sole-Arbitrator who shall pass a reasoned Award in accordance with Arbitration & Conciliation Act 1996 and the said Award of the Sole-Arbitrator shall be final and binding on the parties. If due to any reason the Sole-Arbitrator fails to pass the Award or vacates his office then another Sole-Arbitrator shall be re-appointed / re-nominated by MD, NINL. Venue of Arbitration shall be at Bhubaneswar and the Courts at Bhubaneswar shall have exclusive jurisdiction to entertain any petition under the Arbitration & Conciliation Act 1996.

6.4 COMPLETION CERTIFICATE

6.4.1. After completion of the total work duly certified by NINL Engineer Within 10 days (ten) of the completion of the work, the CONTRACTOR shall give notice of such completion to NINL and NINL shall inspect the work and after satisfying himself with tests that may be prescribed in the contract, if there is no defect, imperfection or short fall in the work, shall issue a completion certificate to the CONTRACTOR.

6.4.2. No completion certificate or provisional completion certificate shall be issued nor shall the work be considered to be complete until the CONTRACTOR shall have removed from the site all scaffolding, surplus materials, rubbish, etc. and all temporary works and cleaned off the dirt from wood work, doors, windows, walls, floors, or other parts of the work.

6.5 RIGHTS OF NINL TO VARY OR CANCEL THE CONTRACT.

6.5.1 NINL shall have the right, during the performance of the contract, to make any addition to, alteration in and omission from the works or any alterations in the kind or quality of the materials to be used therein or change the levels, lines, position and dimension of any part of the work and shall give notice thereof in writing to the CONTRACTOR. The CONTRACTOR on receipt of such instruction in writing shall carry out the changes as desired. Such variations shall in no way vitiate or invalidate the contract.

6.5.2 The CONTRACTOR shall not change any works to be made pursuant to the contract except as may become obligations under the contract, provided however that such changes shall be subject to prior written approval of NINL.

6.5.3 The CONTRACTOR shall proceed with the changes as requested, as per Clause 6.5.1 pending settlement of rates for extra items, if such changes require execution of any items of work not included in the schedule of items.

6.5.4 NINL shall have further power to cancel the Contract if the CONTRACTOR fails to duly perform and complete the contract and if it appears for valid reasons that he will fail to fulfill his obligations under the Contract for reasons other than those relieving of his responsibility under any other provision of the Contract.

6.6 COMPLIANCE WITH STATUTORY LAWS AND OTHER REGULATIONS.

6.6.1 The CONTRACTOR shall throughout the performance of the Contract comply with all the laws, rules, regulations and statutory requirements/obligations of Government of India / State Government of Odisha and other statutory bodies applicable at site for the contract work and


NINL shall not be liable for any action of the statute applicable due to non-fulfillment of the statutory obligations by the CONTRACTOR.

6.6.2 All contracts or terms thereof entered between NINL and the Contractor shall be governed and regulated by the relevant laws in force in the territory of India relating to contracts.

6.6.3 Explosives shall not be used on the work by the CONTRACTOR without the permission in writing of NINL. Where explosives are used, the same shall be stored in a special magazine to be provided by and at the cost of the CONTRACTOR, who shall be liable for all damages, loss or injury to any person or property and shall be responsible for complying with all statutory obligations in these respects.

6.6.4 The CONTRACTOR shall give all notices and pay all fee required to be given or paid under any Central or State statue, ordinance or other law or any regulation or bylaw of any local or other duly constituted authority in relation to the execution of the Contract work.

6.6.5 The CONTRACTOR shall conform in all respects with the provisions of any statute, ordinance or laws as aforesaid and the rules, regulations or by-laws of any local or other duly constituted authority which may be applicable to the works or to any temporary works and with such rules and works or to any temporary works and with such rules and regulations of Public bodies as aforesaid and shall keep NINL indemnified against all penalties and liabilities of every kind for breach of any such statute, ordinance, law, rule, regulation or by-law.

6.6.6 All operations necessary for the execution of the works and for construction of any temporary works shall be undertaken in such a way that same do not interfere unnecessarily or improperly with the public convenience or the access to use and occupation of public or private roads and footpaths or properties whether in the possession of NINL or any other person and the CONTRACTOR shall save harmless and indemnify NINL in respect of all claims, demands, proceedings, damages, costs, charges and expenses, whatsoever arising out of or in relation to any such matters.

6.6.7 The CONTRACTOR shall use every reasonable means to prevent any of the roads and bridges communicating with or on the routes to the SITE from being damaged or injured by any traffic of the CONTRACTOR or any of his Sub-Contractor. For any damage caused by the breach hereof, the CONTRACTOR shall be solely responsible.

6.6.8 The CONTRACTOR must take sufficient care in moving his construction plants and equipments from one place to another so that those may not cause any damage to the property of NINL, particularly to the overhead and underground services and in the event of his failure to do so, the cost of such damages including eventual loss of working hours in any plant/site as estimated by NINL is to be born by the CONTRACTOR.

6.6.9 The CONTRACTOR shall get himself registered with the concerned authorities as provided under various applicable Acts and shall be directly responsible to such authorities for compliance with the provisions thereof.

6.6.10 By way of illustration of various Acts as stated in the contract, the following Acts or any amendment therof shall be complied with by the CONTRACTOR.

i) Employee Provident Fund Act. 1952

ii) Contract Labour Act (Regulation and abolition Act., 1970)

iii) Minimum wages Act, 1948

iv) Payment of wages Act, 1936

v) Payment of Bonus Act., 1965

vi) ESI Act, 1948

vii) Factories Act., 1948

viii) Apprenticeship Act., 1961.

ix) Employees Provident Fund and family pension Act., 1952.

x) All other statutory provisions related to contract labour.

6.6.11 The CONTRACTOR’s establishment shall be subjected to inspection, investigation etc., by NINL for ensuring proper and faithful compliance of the provisions of this contract by the CONTRACTOR with regard to labour laws and matters stated in the contract.


6.6.12 The CONTRACTOR shall provide at his cost to all staff and workers directly or indirectly employed in the works, all amenities for securing proper working and living conditions at the site and at the labour camp. The CONTRACTOR shall also provide medical facilities at the site as per rules in force in relation to strength of their staff and workmen deployed at site.

6.7 SAFETY AND SECURITY:

6.7.1 The contractors shall take all safety precautions and provide adequate supervision in order to do the job safely and without damage to equipment.

6.7.2 The contractor is not permitted to start the job without reporting to the Safety Engineering & obtaining safety clearance.

6.7.3 The execution department would take necessary shut-downs wherever there are hazards of gases, electricity, moving machinery etc. The contractor shall ensure that the shut-down I clearance are taken before sending workers to such locations.

6.7.4 In case of accidents occurred and injury to the persons, the contractor shall first take the injured person to Plant Medical Unit with the I.O.W Forms and the contractor should inform it to the Engineer-in-charge of the shop immediately.

6.7.5 The contractor shall abide by the provisions of Factories Act, Odisha Factories Rules.

6.7.6 Whenever work at height is involved, contractor must obtain height passes from Safety Engineering Dept. for those persons required to do work at height.

6.7.7 The concerned officer of the department awarding the contract or the Safety Engg. Department upon his satisfaction that the stoppage of work and require the contractor to remedy the defects or supply the commissions as the case may be. The contractor shall not proceed with the work until he has complied with such directions to the satisfactions of such head of the department.

6.7.8 The contractor shall be fully responsible for accidents caused due to his or his agent's or workmen1s negligence or carelessness In regard to the observance of the safety requirements and shall be liable to pay compensation for Injuries.

6.7.9 Without prejudice to the right conferred by the clause 6.7.7 above for stoppages of work for violating of. safety requirements, the contractor shall be liable for a penalty up to Rs. 500/-(Rupees five hundred only) for the first. violation up to Rs.10,000/-(Rupees ten thousand only) for the second violation. For the 3rd violation, he shall be liable to be debarred from further contracts. The penalty amount shall be recoverable from any bill and/ or EMD I SD or the contractor without any further reference to him. The CONTRACTOR shall adopt adequate safety measures and ensure use of protective clothing by all the workmen at site whether or not engaged in actual execution of work or supervision thereof as per requirement.

6.7.10 The CONTRACTOR shall ensure that the workmen at work use safety belts, gloves, helmets, masks, etc. necessary for their safety. The CONTRACTOR shall be responsible for safety arrangements of all equipments used in connection with execution of the work and shall ensure employment of only trained operators to man the equipments. Only tested equipments, tools, wires, ropes, etc. shall be used and shall periodically be tested to the satisfaction of the Company. All test certificate shall be made available to the Company at site as and when required by him.

6.7.11 The CONTRACTOR shall, in connection with the execution of the work, ensure provision and maintenance at his own cost all lights, guards, fencing with gates and watching when and where necessary or required by the client or by any duly constituted authority for the protection of work and/or for the safety and convenience of the public or others.

6.7.12 The CONTRACTOR shall take adequate safety precautions for prevention of accidents at site. The CONTRACTOR shall also ensure that their employees / workmen observe the statutory safety rules and regulations as also those laid down by the Company from time to time.

6.7.13 The CONTRACTOR shall provide at his cost necessary watch and ward force as may be approved by the company to ensure security and safety of all buildings, structures, equipments and materials under their custody at the site of work.

6.7.14 The CONTRACTOR shall abide by all security regulations at site promulgated by the Company from time to time. If required the CONTRACTOR shall provide identity badges to their personnel and workmen which must be properly displayed by them at site.

6.7.15 In order to facilitate issue of gate passes by NINL for materials and equipments either during


execution or the maintenance period, the CONTRACTOR shall submit to the Company list of construction / erection equipments etc. and / or other materials that shall be taken inside the site from time to time. Such movement of materials, equipment, tools, tackles, etc. shall be subject to permission of the company.

6.7.16 The CONTRACTOR and his personnel and workmen shall be subjected to security check by Company’s own security force for the over-all protection of the site.

6.7.17 If the contractor fails to provide necessary safety items to their workmen, NINL may provide the safety items to the workmen and deduct the actual expenses from the contractor’s bill.

6.8 If offloading is required, the same shall be done on request of the contractor provided that NINL approves the suggested agency subject to no extra cost to NINL. Any extra expenses shall only be borne by the contractor.


ANNEXURE-VI

SPECIAL CONDITIONS OF CONTRACT (SCC)

1 GENERAL :

1.1 The Special Conditions of the Contract (SCC) are complementary to and shall be read in conjunction with General Conditions of Contract (GCC) of NINL for Works Contracts. Scope of work, Bill of Quantities and other Documents forming part of the Tender Document. In case of any conflict of meaning between SCC & GCC, Provisions of SCC shall over ride the Provisions of GCC.

1.2 During the operation of the Contract if any new Taxes/Duties/Levies etc are imposed or rates undergo changes, as notified by the Government and become applicable to the subject works, the same shall be reimbursed by NINL on production of documentary evidence in respect of the payment of the same. Similarly benefits accruing to Agency on account of withdrawal / reduction in any existing Taxes and Duties shall be passed on to NINL.

2 SCOPE OF WORK: given in BOQ and Annexure V.

2.1 The execution and certification for payment of entire work shall be done by the Engineer In-Charge, DGM I/C (CO&BPP) or his authorized representative.

3 MEASUREMENTS; The Contractor shall take measurements jointly with the Engineer I/C or his representative and keep joint records for the same. Bills shall be prepared and submitted by the Contractor basing on agreed measurements.

4 ADVANCE: No advance of any sort will be given by NINL.

5 SECURITY DEPOSIT (SD):

5.1 5% of contract price shall be deposited by the successful tenderer /contractor toward security deposit within 10 days after acceptance of work order in the form of Bank Guarantee (in NINL’s format which is available on NINL website www.ninl.in) for time bound, due and faithful performance of the contract.

5.2 NINL will not be liable for payment of any interest on Security Deposit.

5.3 The Security Deposit shall be released on application by the contractor, supported by COMPLETION CERTIFICATE, after completion and acceptance of the contract works.

6 PAYMENT TERMS:

6.1 100% of executed Price shall be released on monthly basis against submission of R/A Bills duly certified by authorized Engineer / Manager of NINL.

6.2 The agency has to submit bills in two copies. Prior to certification by Site Engineer the bill must be enclosed with safety clearance by the safety officer, statutory compliances by Zonal Personnel Executive.

7 Recovery of Income Tax at source will be made from Contractor’s bill and deposited with Income Tax Department as per Rules. Recovery of Sales Tax applicable shall be made from the Contractor’s Bills.

8 PENALTY

8.1 In case of failure of equipment/s which in turn affects execution of work, contractor shall make immediate alternative arrangement at their cost. If any exigency arises due to failure of contractor to make alternate arrangement, NINL will deploy their own equipments for stacking, reclaiming, cleaning etc. at party’s risk and cost. Details of such work will be recorded separately and to be certified jointly by the representative of contractor and NINL.. Such cases will either be considered as risk and cost deployment or departmental execution.

8.2 Demurrage: Wagons are to be cleaned and handed over to railways in specified time (two hours) after placement, in case of delay; NINL has to pay demurrage charges to railway authorities, which when attributable to contractor, shall be recovered from their bills.


8.3 If the CONTRACTOR fails to execute the above works due to shortage of fuel, the contractor shall pay the penalty at the rate of 200% of the amount paid to the alternative source.

8.4 In case of any breakdown except the shortage of the fuel, occurred to the Pay Loader / Dumpers /Tippers/ Excavators / Poclains or equivalent model, the contractor shall replace them within 01(One) hour by alternative arrangements for continuity of works, otherwise the contractor shall pay the penalty at the rate actual amount paid to the alternative source.

8.5 The Purchaser (NINL) may without prejudice to any other method of recovery deduct the amount of penalty from any money due in his hands or will become due to the CONTRACTOR.

8.6 The payment or deduction of such Penalty shall not relieve the CONTRACTOR from his obligation to complete the works or from any other obligations and liabilities under the contract.

9 LABOUR DEPLOYMENT:

9.1 The Contractor shall deploy his Labour as per requirement and as instructed by the Engineer. It may be necessary to carry out the work round the clock based on requirement and shutdown provided. The Contractors rate shall cover such eventualities.

9.2 Only trained, experienced, safety inducted workers acceptable to the Engineer shall be engaged on this work. Work shall be executed as per specifications to the satisfaction of the Engineer.

10 If the contractor fails to execute the job, their EMD / SDBG will be forfeited / encashed and NINL reserves the right to do the job at his risk and cost by alternate arrangement.

11 SECURITY REGULATIONS: The Contractor shall abide by and also observe all Security Regulations promulgated from time to time by the Employer.

12 STORING/STACKING OF MATERIALS: Storing / Stacking / Placing of materials shall be only at the places designated by the Engineer I/C.

13 The Contractor, his Supervisors and Workmen shall observe entry and exit timings strictly.

14 After completion of work activity, the site has to be cleared of all debris, construction material and the like.

15 The contractor shall start the work immediately after obtaining gate passes and safety induction training and clearance from the Employer.

16 NOTICES: Any notice to be given to the Contractor under Terms of the Contract shall be considered duly served, if the same has been delivered to or posted by Registered Post to the Contractor’s principal place of business (or in the event of the Contractor being a Company, its Registered Office), at the site or to their last known address including thru’ e-mail also.

17 If it comes to the notice of NINL at any stage right from request for Registration / Tender Document that any of the Certificates / Documents submitted by the Applicant for Registration or by Bidders are found to be false / fake / doctored, the Party will be debarred from participation in all NINL Tenders for a period of 2 (Two) years including Termination of Contract, if awarded. EMD / Security Deposit etc., if any, will be forfeited / encashed. The Contracting Agency in such cases shall make good to NINL any loss or damage resulting from such termination by recovery of risk and cost charges for completion of the job. Other contracts in operation in NINL by the said agency may also be considered for termination apart from forfeiture of EMD and encashment of SDBG. Decision of NINL Management will be final and binding.

18 Failure to execute the work after LOA/WORK ORDER is issued and accepted will make the party liable to be debarred for a period of 2 (TWO) YEARS from participating in NINL Tender in future in addition to forfeiture of EMD and / or encashment of SDBG and execution of the job through any other agency at his risk and cost.

19 Clandestine applications in any form and / or any capacity of a tenderer shall be liable to be cancelled / rejected which consequentially shall attract forfeiture of EMD and to be debarred from participating in future NINL tender for two years.

20 All the payments (Labour related) i.e. PF, ESI, Bonus and any other statutory payments shall be borne by the agency.


21 FIRM RATES

Price is firm and binding on the CONTRACTOR till the completion time except the variation in the rates of fuel (diesel only) and statutory variations in the taxes and duties. The variation of fuel price shall be paid beyond 5% escalation / de-escalation as per Govt. of India declaration from time to time as per formula below : Fuel escalation / de-escalation formula:

R1 = R0 + R0 x Y (L1 – L0) / L0

R1 - Revised unit rate.

R0 - Original unit rate.

L1 - New price of fuel (Diesel) per Ltr.

L0 - Price of fuel per Ltr. at base date (on the date of Final Reverse Auction / Final Price Negotiation)

Y - Percentage of fuel component : 35%.

Note: Considering the change in fuel price on daily basis, the weighted average for the

month is to be taken for the purpose of fuel escalation/de-escalation

22 PAYMENT OF MINIMUM WAGES: Wages paid to the Workmen by the Contractor should not be less than the rates notified by the Commissioner of Labour, Odisha published in the Odisha Gazette from time to time with regard to the minimum wages applicable to the respective category of workmen.

23 MODE OF PAYMENT

The contractor has to submit their bank account details in NINL format duly certified by concerned bank manager for the purpose of making electronic payment, before submission of first running account bill, failing which the bill will not be processed.

The contractor is required to give an undertaking to the Finance Dept of NINL that the payment made by NINL of any sum due to him by directly remitting the same in his Bank, the address and the number of which is to be furnished, shall be in full discharge of the particular bill raised by him, and that he shall not have any claim in respect of the same.

In respect of payment made through Electronic Fund Transfer mechanism or Direct Credit to the Supplier’s / Contractor’s Bank Account, the Supplier / Contractor / receiver should intimate discrepancies, if any, within 10 days from the date of despatch of intimation letter of payment to them to Finance Dept of NINL failing which it shall be presumed that the funds have reached their Bank Account and no claims will be entertained after the said 10 days.


QMS/W/WCC/F/004

Annexure - VII

DECLARATION TO BE SUBMITTED BY THE CONTRACTORS (WITHOUT THIS DECLARATION TENDERS WILL NOT BE ACCEPTED)

REF TENDER NO. NINL/CC/18-19/CO/TDR-052, Date: 09.07.2018

NAME OF WORK: 2(Two) year job contract for Stacking and Reclaiming of Coal from Coal Storage yard etc. and Cleaning of Coal Wagons in Wagon Tippling Area, inside NINL premises.

NAME OF AGENCY: M/s.________________________________________ The In charge, Works Contracts Cell, Neelachal Ispat Nigam Ltd, Duburi-755026. Sir, With reference to the notice Inviting Tender, I/We have gone through the tender documents issued to us. I/We have also gone through the general conditions of the contract of NINL. I/We here by confirm that I/We shall abide by terms and conditions of General Conditions of the Contract (GCC) and Special Conditions of Contract (SCC) including form of tender, Invitation to Tender, Articles of Agreement etc. I/We hereby declare that, I/We have visited, inspected and examined the site and its surroundings and well aware about the prevailing site conditions. I / we have satisfied ourselves before submitting this tender; obtained information about the nature of work, facilities that may be required and obtained necessary information about working conditions, risk contingencies etc., which may influence this tender. We hereby offer to execute & maintain the work during the defect liability period in conformity with the tender conditions at the respective rates quoted by us. I/We shall also comply to all applicable statutory requirements i.e. PF, ESI, Bonus, Minimum Wages, labour license & insurance, Sales Tax, Income Tax, Works Contract Tax etc. The quoted unit rates are firm and are inclusive of all taxes, duties, levies, statutory payments, royalties etc. (except specifically mentioned in our offer) and will not claim any extra during the execution of contract. The payment of bonus if any will also be attributed to me/us. I/We also declare that the deposited EMD amount (if applicable as per provisions of tender) will not bear any interest and I/We do hereby agree that this sum shall be forfeited by me/us if I/We revoke/withdraw/cancel my/our Tender or if I/We vary any terms in our tender during the validity period of the tender without your written consent and/or if in the event of Neelachal Ispat Nigam Limited accepting my/our Tender and I / We fail to deposit the required security money, execute the agreement and/start the work within reasonable time (to be determined by the engineer) after written acceptance of my/our Tender.


Status of the Firm (mark) : Proprietary/Partnership/Others (Specify) Authority to Sign

a) Proprietor

b) Managing Partner

c) Power of Attorney holder Names of partners 1) 2) 3)

Following Details are to be furnished by the Tenderer compulsorily (neat & legible) while submitting the Tender schedule. Income Tax PAN No.

Status/Reason for not having PAN No.

GST No.

OFFICIAL ADDRESS

Phone & Fax No:

Cell No:

E-mail ID:

Yours faithfully, For M/s. UUUUUUUUUUUUUU.. (Signature of Contractor) Name:UUUUUUUUUUUUUU...


ANNEXURE - VIII DECLARATION TO BE SUBMITTED BY THE TENDERERS FOR REVERSE AUCTION

REF TENDER NO. NINL/CC/18-19/CO/TDR-052, Date:09.07.2018

NAME OF WORK: 2(Two) year job contract for Stacking and Reclaiming of Coal from Coal Storage yard etc. and Cleaning of Coal Wagons in Wagon Tippling Area, inside NINL premises.

NAME OF AGENCY: M/s.________________________________________

I /We agree as below: 1. I/We hereby understand and agree that the responsibility of preserving and maintaining the

confidentiality and secrecy and security of my/our Login ID and transaction password solely rests upon me/us and I/We shall be solely responsible for any breach/loss in this respect to the total exclusion of mjunction. I/We also understand and agree that without authorized written instructions from me/us, new password shall not be re-issued by Mjunction Services Limited. I / We are aware that multi log in using the same User ID & Password is not permitted.

2. I/We confirm to have read the specific terms and conditions that are displayed on mjunction website regarding the auction event. I/We agree to strictly abide by any and all the Terms and Conditions displayed on the mjunction website.

3. I/We understand and agree that Mjunction/Client will forfeit my/our security deposit/Bank guarantee on infringement/breach of any Terms and conditions as prescribed from time to time by mjunction and its Client (NINL). I /We agree that Mjunction/Client will be well within its right to take any punitive measure against me/us including permanently debarring/blacklisting from participating in any and all mjunction’s event.

4. I/We understand and agree that all voice communications made by me/us with the auction room of mjunction are recorded and kept for future reference and action, if necessary. I/We further agree and confirm that any and all such verbal communication and instructions passed by me/us shall constitute a valid communication and shall be treated as valid contractual obligation casts on me/us to ratify such communication/instruction in writing as and when required by mjunction.

5. In no event, mjunction shall be liable to the customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Services and/or this Agreement, including without limitation any:

(i) Loss of data; (ii) Interruption or stoppage to the Customer’s access to and/or use of the online

market/exchange (website portal); arising out of the performance of the Services or otherwise.

6. Mjunction expressly excludes liability for consequential loss or damage or loss of profit, business, revenue, goodwill or anticipated savings, which may arise in respect of the Services.

7. I/We understand and agree that mjunction makes no warranty, representation or promise not expressly set forth in this agreement. Mjunction disclaims and excludes any and all implied warranties of merchantability, fitness for a particular purpose and non-infringement, except as expressly set forth herein, mjunction makes no warranty with respect to any software, product, configuration or system tested, analyzed or reviewed by mjunction and does not warrant that they are without defect or error, except as expressly set forth herein, the results, data, performance, and information reported or disclosed by mjunction in connection with the services or this agreement are not warranted and client bears all risks of reliance thereon. Mjunction does not warrant that any results, data, performance or information can be reproduced, repeated or verified (i.e., they may vary). Except as expressly set forth herein,


the methodologies, equipment, software, practices, procedures, and technology used by mjunction in connection with the services are not warranted and except as expressly set forth herein there shall be no claim against mjunction based on any of the foregoing or any alleged or actual inadequacy, malfunction, defect, or incompleteness of or in the foregoing.

8. I/we agree to ratify the acts of mjunction carried out in good faith.

9. I/We agree and undertake not to resort to any activity (ies) having the impact or causing interference to the system (hardware, software, internet related application, servers etc.) I/We understand that mjunction strictly forbids me/us from indulging in any of the cybercrime activities including(a) unauthorized access(b) e-mail bombing (c) data diddling(c) Salami attack (d) internet time theft (e) logic bomb (f) virus/worm attack (g) Trojan attack (h) distributed denial of service attack (i) denial of service attack(j) email spoofing (k) cyber pornography(l) intellectual property crime (m) cyber stalking.

10. I/We agree to submit ourselves for resolution of any disputes with mjunction in the manner as prescribed hereinafter. Dispute or differences arising out or relating to this undertaking/Agreement shall be resolved amicably by the parties. Failing such amicable resolution of dispute / differences either tenderer may refer the matter to arbitration of a Sole Arbitrator to be appointed by the Managing Director of Mjunction Services Limited. The Arbitration proceedings shall be governed and regulated by the provisions of Indian Arbitration and conciliation Act, 1996 and the rules framed there under along with amendment made thereto-up-to-date. The award of the Arbitrator shall be final, binding and conclusive on the parties. The venue for arbitration shall be at Kolkata. Governing Law: Law of India without giving effect to any principle of conflict of law. Jurisdiction: The Court at Calcutta shall have exclusive jurisdiction.

N.B.:

1. Mjunction reserves the right to vary the auction duration from the pre specified duration, in case of receipt of no bid , single bid or in case of any infrastructure problem effecting majority of the participants.

2. In case of e-auction, you have any complaint / suggestion kindly log into https://auction.buyjunction.in and use the feedback link given on the top left hand side of the page. Complaints/Suggestions received through any other mode will not be treated as formal.

For M/s. UUUUUUUUUUUUUU.. (Signature of Contractor) Name:UUUUUUUUUUUUUU...